A rare public hearing on police misconduct charges Thursday offered two ways of looking at the photo of an African-American officer doctored to include the face of a white co-worker and then posted in the Annapolis police station.

Was it a prank gone too far, that made the intended target feel like an “Uncle Tom?” Or was it a public embarrassment for the department once it became public knowledge that required a “scapegoat?”

Three officers from outside agencies held a daylong hearing on allegations of misconduct against Cpl. David Stokes. They are expected to decide whether Stokes is guilty of violating internal police policies and procedures.

The department says Stokes posted images in December that were intimidating or humiliating for Cpl. Kevin Freeman. Stokes is white while Freeman is black.

Freeman told the panel that he initially thought his photo was altered to show a “random white guy” and took it to mean that he was an “Uncle Tom,” an insulting name applied to a black man considered to be excessively obedient.

“I’ve been here for 18 years,” he said. “Who’s going to disrespect me on a level like this?”

He also said Chief Scott Baker made the situation worse when he told him “it was just an inappropriate joke” which “made me more livid about the situation.”

Stokes, however, claims the altered image was not racially charged but was part a larger joke where he and dispatchers played “Faces of Jay,” by placing Police Communications Operator Robert “Jay” Thomas’ face on other images, including on the Dreamworks movie character Shrek.

His attorney, Stacey Rice, said her client is “a scapegoat” for a department that faced questions after civic activist Carl Snowden posted details of the dispute on his Facebook page and The Capital later reported on it.

Rice accused the lead internal investigator, Sgt. Mark Ferguson, of drawing conclusions about the case before he was finished interviewing witnesses.

Ferguson is black, and Rice is white. She did not question whether his race affected his work but said he manipulated the outcome.

“This was a shoddy investigation,” Rice said.

Kathy Hoke, an attorney representing the police department, argued that Stokes’ intent was irrelevant, as the officer does not face any internal nor criminal charges related to race.

Instead, she said Stokes policy included in a department memo telling officers not to linger in the communications room where the photos were posted, saying he spent about three hours there and “interfered with the order of the department” by posting the photo.

Phil Davis / Capital Gazette

A meeting of the Annapolis Administrative Hearing Board was broadcast live to a separate room.

A meeting of the Annapolis Administrative Hearing Board was broadcast live to a separate room.

(Phil Davis / Capital Gazette)

Baker declined to comment on the proceedings. A spokeswoman pointed to an email sent by the chief to all officers after the incident in December, in which he asked them to “think about” posting jokes on a bulletin board to avoid offending them.

“Comments or acts that are offensive will not be tolerated and will be subject to disciplinary action,” Baker wrote.

Much of the meeting focused on Ferguson’s investigation, with Rice spending around three hours questioning everything from the way he talked to other department employees to how he expressed wanting to be someone Freeman could talk to after the incident.

She said Ferguson told Stokes that he felt that his behavior was inappropriate before his inquiry was completed.

“You drew a conclusion,” she said.

“I didn’t draw a conclusion,” he responded. “I expressed my opinion.”

As for the dispatchers with Stokes at the time, Britney Lane, who is black, and Stephanie Brewer, who is white, testified that they’d agreed with Stokes’ decision to put Thomas face on Freeman’s body. Both said it was funnier than the alternative of putting his body on a dog.

Two other Annapolis police officers — Sgt. Justin Klinedinst and acting Lt. Ryan Holey — said they’d either spoken with or overheard Freeman saying that he wasn’t offended by the image, contradicting his testimony that he is “still pissed.”

But Freeman said the incident had a considerable effect on him and his family, saying he gets regularly asked about the incident. He called it “humiliating.”

“I’m just angry the whole situation turned into what it is,” he added.

CAPTION

Surveillance video provided by Anne Arundel County Police shows a Ford F350 pickup truck backing into a 7-Eleven on Defense Highway in Crofton in an attempt to steal an ATM from the store.

Surveillance video provided by Anne Arundel County Police shows a Ford F350 pickup truck backing into a 7-Eleven on Defense Highway in Crofton in an attempt to steal an ATM from the store.

CAPTION

Surveillance video provided by Anne Arundel County Police shows a Ford F350 pickup truck backing into a 7-Eleven on Defense Highway in Crofton in an attempt to steal an ATM from the store.

Surveillance video provided by Anne Arundel County Police shows a Ford F350 pickup truck backing into a 7-Eleven on Defense Highway in Crofton in an attempt to steal an ATM from the store.

CAPTION

On Friday, December 07, 2018 at approximately 12:52 a.m., the Fugitive Apprehension Team assisted by the Baltimore Police Department located Dillon Augustyniak in the 2100 block of Ramsey Street, Baltimore, Maryland. The suspect was taken into custody without incident and has been charged for the murder of Steven Wilson with First Degree Murder, Armed Robbery, Theft $1500.00 to under $25,000.00 and Firearm use in a Felony Crime of Violence. The investigation revealed this was a random act of violence with the motive being robbery.

On Friday, December 07, 2018 at approximately 12:52 a.m., the Fugitive Apprehension Team assisted by the Baltimore Police Department located Dillon Augustyniak in the 2100 block of Ramsey Street, Baltimore, Maryland. The suspect was taken into custody without incident and has been charged for the murder of Steven Wilson with First Degree Murder, Armed Robbery, Theft $1500.00 to under $25,000.00 and Firearm use in a Felony Crime of Violence. The investigation revealed this was a random act of violence with the motive being robbery.

CAPTION

D.C. Police release video showing "person of interest" in threats to CAIR the Muslim civil rights and advocacy organization. CAIR said it is taking extra security precautions after seeing the video.

D.C. Police release video showing "person of interest" in threats to CAIR the Muslim civil rights and advocacy organization. CAIR said it is taking extra security precautions after seeing the video.

CAPTION

Anne Arundel County officials discuss a $550,000 grant awarded to law enforcement by Gov. Larry Hogan to combat gangs.

Anne Arundel County officials discuss a $550,000 grant awarded to law enforcement by Gov. Larry Hogan to combat gangs.